# Johnson v. Wolfe

> Court of Appeals for the Sixth Circuit · August 13, 2002 · 44 F. App'x 702

URL: https://www.frixlaw.com/law-library/cases/7211343

## Case

- **Full name:** Darrell JOHNSON v. Jeffrey A. WOLFE, Warden
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** August 13, 2002
- **Citations:** 44 F. App'x 702
- **Precedential status:** Published
- **Opinion:** Concurrence by Batchelder
- **Judges:** Batchelder, Clay
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7211343

## Opinion text

BATCHELDER, Circuit Judge,
concurring.
I write separately only because I would hold that petitioner failed to exhaust his state remedies with regard to his claim that he was denied his Sixth Amendment right to present his defense when the trial court refused to permit him to call Stephanie as a rebuttal witness. I am aware of no authority that supports the holding of the lead opinion that citation to one state supreme court case (for a proposition of state law) which refers to a United States Supreme Court case that discusses the applicable point of federal law “fairly pres-entís]” the issue to the state courts. Carter v. Bell, 218 F.3d 581, 607 (6th Cir.2000). *720 Accordingly, I would not reach the issue and concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7211343. Public record. Not legal advice.